State of Karnataka v. Ameerbi (2007) 11 SCC 681

STATE OF KARNATAKA V. AMEERBI

Whether Anganwadi workers considered as holders of a “civil post” under the State, thus entitling them to certain employment rights and benefits?
Whether the State is liable to pay minimum wages to those working under a project such as Integrated Child Development Service (ICDS)?

Anganwadi workers do not hold a “civil post” under the State and hence, their application under Section 15 of the Administrative Tribunals Act, 1985, is not maintainable.
The State is not liable to pay minimum wages to those working under a project, unless the same is specified within the schedule of the Minimum Wages Act, 1948.
Not all employees who fall under the purview of Article 12 (defines the state, including state governments and state legislatures) are government employees.
Employees working under a programme controlled by the State cannot take advantage of Article 311 (safeguards for civil servants against arbitrarily dismissal, removal, etc.) by that reason alone.

The Central Government floated a Scheme known as Integrated Child Development Service (ICDS) programme in the year 1975.
Its implementation, however, is at the hands of the respective States.
Anganwadi workers are appointed from amongst the local inhabitants by a committee.
Under the programme, about one hundred Anganwadi workers are required to be recruited from each of the urban and rural projects and 50 for the tribal projects.
Certain Anganwadi workers filed an application under Section 15 of the Administrative Tribunals Act, 1985, which was held as not maintainable by the Karnataka State Administrative Tribunal.
Upon referral to a larger bench of the Tribunal, it was held that the application was maintainable, as Anganwadi workers hold a “civil post”.
Susbequently, the State of Karnataka appealed against the decision of the larger bench of the Tribunal before the Supreme Court.

The Supreme Court held that Anganwadi workers do not hold a “civil post”, as they are not statutory posts.
As such, Anganwadi workers cannot file an application under Section 15 of the Administrative Tribunals Act, 1985.
The Supreme Court held that Anganwadi workers are not entitled to any minimum wages under the Minimum Wages Act, 1948, as they have not been specified in the schedule.
The court acknowledged the valuable role played by Anganwadi workers for the welfare of society.
However, the Supreme Court ruled that they are not entitled to the same benefits as government employees.
Their role remains that of community volunteers paid an honorarium, and they are not entitled to the legal protections and employment benefits afforded to civil servants.
Unlike persons holding civil posts, Anganwadi workers are entitled to contest in an election.